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Home My WebLink About13-5051 Supreme Corot i4Tennsylvania WWRa 20098440 C Y Jer DKM Cou of Commokp-jeas `vi1 C:ovec veer For Prothonotag Use On y: LANI7p's �r f i �;��: C011IIti' Docket I�zo: C UMBER ?Ire information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court. Commencement of Action: S M Complaint [3 Writ of Summons [3 Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin C Lead Plaintiffs Name: Lead Defendant's Name: T PROGRESSIVE NORTHERN INSUIZ -41066 Ca GAYLE TAYLOR � I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes 0 No 'A I Benjamin W. Lawrence,209032 Name of Plaintiff /Appellant's Attorney: ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute E Mass tort) Discrimination C ❑ Slander/LibeUDefamation ❑ Employment Dispute: Other ❑ Zoning Board T Other: ❑ Other: I �txe��rl otj O 13 Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus { El Other: [3 Landlord/Tenant Dispute [3 Non -Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: f Updated 1/1/2011 i . I I: �tEJ fllu'lt 110 AUG 26 �� 1� 1 6 GLNpd NSYL`JANIA COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSVF -AIJC6 Ca SOS/ Plaintiff No: Vs. COMPLAINT IN CIVIL ACTION GAYLE TAYLOR Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106 -2614 215- 599 -1500 FAX: 215- 599 -1505 20098440 C Y Jer DKM S a a �. ag073 I l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSU Co Plaintiff VS. Civil Action No GAYLE TAYLOR Defendant COMPLAINT AND NOTICE TO DEFEND. You have been sued in court. If you wish to defend against the.. claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff(s) I.D. No. 209032 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 20098440 } PROGRESSIVE NORTHERN } Cumberland County INSURANCE COMPANY } Court of Common Pleas } } } V. } } GAYLE TAYLOR } NO. CIVIL ACTION — COMPLAINT 1. Plaintiff, Progressive Advanced Insurance Company, is a business organization licensed and authorized to conduct business in the State of Ohio with a place of business located at 5920 Landerbrook Drive, Mayfield Heights, Ohio 44124. 2. Defendant, Gayle Taylor, is an adult individual who at all times pertinent hereto resided at 3 Heather Drive, Carlisle, Pennsylvania 17013. 3. Progressive issued a policy of motor vehicle insurance whereby Progressive agreed to insure its insured for injuries sustained in this motor vehicle accident and the Plaintiff's Insured vehicle for damages sustained. 4. On or about .March 14, 2012 a motor vehicle operated by Defendant did negligently and carelessly collide with the Plaintiff Insured's motor vehicle at or near Crane's Gap Road and Heather Drive, Middletown, Pennsylvania thereby causing the Plaintiff's Insured to sustain serious and permanent injuries and damage to the Plaintiff Insured's vehicle. 5. The aforementioned accident was caused solely by the negligence of the Defendant in failing to properly operate his motor vehicle at all times material hereto. 6. The negligence and carelessness of the Defendant consisted of the following: a. Failing to have his motor vehicle under such control as the situation warranted; b. Operating his motor vehicle in complete disregard of the point and position of Plaintiff's vehicle; c. Failing to keep a proper lookout; d. Disregarding traffic control devices; e. Failing to abide by the Rules of the Road and the Motor Vehicle Code of Pennsylvania; f. Being otherwise negligent under the circumstances; and, g. Being negligent as a matter of law as may be relevant through discovery and /or at the time of trial. 7. As a result of the actions and /or omissions of (Defendant, the Plaintiff's Insured was caused to sustain serious and permanent injuries in, on or about his person, all of which has caused him or will continue to cause him a great'deal of pain, suffering, and inconvenience, and all of which are permanent in nature, character and duration. 8. As a further result of the actions and /or omissions of Defendant, the Plaintiff's Insured has been prevented from attending his usual and customary duties, avocations, and occupations, thereby causing his to sustain a loss of earnings and /or earning capacity, all to his great financial detriment and loss. 9. As a further result of the actions and /or omissions of Defendant, the Plaintiff's Insured has been caused to expend various sums of money for medicine and medical attention in an effort to treat and cure himself of his injuries, all to his great financial determent and loss. 10. As a direct and proximate result of Defendant's negligence, Plaintiff paid benefits to their Insured totaling $95,000.00 for the injuries sustained and $8,084.68 for damages to the Plaintiff Insured's vehicle. 11. Pursuant to the insurance policy issued by Progressive and as a result of the aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. WHEREFORE, Plaintiff demands that a judgment be entered against Defendant in an amount of $103,084.68 and costs. WELTMAN, W INBERG & REIS CO., L.P.A. Ben' W. Lawrence, Esquire Pa. .D. #209032 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 215.599.1500 8 VERIFICATION I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Complaint are true and correct to the best of my knowledge, information and /or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Benja in . Lawrence Date �` 17 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,r i -H L. �j it j H00j s`� ' t Sheriff Jody S Smith 2013 SEP 25 AM.I�: 4 2 Chief Deputy Richard W Stewart :jam CUMBERLAND CO(JN Ty Solicitor OFf-'CIE C,r rlw KEr-'Fr PENNSYLVANIA Progressive Northern Insurance Co Case Number vs. 2013-5051 Gayle Taylor SHERIFF'S RETURN OF SERVICE 09/24/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gayle Taylor, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 3 Heather Drive, North Middleton, Carlisle, PA 17013. Per current resident Cecilia Brehm, defendant moved about 1 year ago to Ashland, PA. Per USPS, mail is still delivered to this address. SHERIFF COST: $46.56 SO ANSWERS, L September 24, 2013 RON ' R ANDERSON, SHERIFF icj CountySuite Sheriff,Teleosoft.Inc. WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: Benjamin W Lawrence, Esquire Attorney for Plaintiffs 13 DEC _9 pm I I.D. No. 209032 325 Chestnut Street, Suite 501 OM ERLA° CUNT r' Philadelphia, PA 19106 PENNSYLVANIA Phone: 215.599.1500 Fax: 215.599.1505 File#20098440 PROGRESSIVE NORTHERNINSURANCE COPANY CUMBERLAND County Court of Common Pleas vs. GAYLE TAYLOR NO. 13 5051 CIVIL PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Civil Action in the above-captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Benjami W Lawrence, Esquire Attorney for Plaintiff �i/.7s PI K- /rgA1O j44 02 49.2.07 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot Cam trrr l,rr� 1 ;� • Jody S Smith Chief Deputy I? . . :' -8 p °• Richard W Stewart Solicitor _3F F r i_1'1E R .AN v PENNSYLVANIA Progressive Northern Insurance Co vs. Case Number Gayle Taylor 2013-5051 SHERIFF'S RETURN OF SERVICE 12/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gayle Taylor, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Schuylkill, Pennsylvania to serve the within Complaint& Notice according to law. 12/19/2013 05:17 PM -The requested Complaint& Notice served by the Sheriff of Schuylkill County upon Gayle Taylor, personally, at 130 Pike Street,Apt. 2, Port Carbon, PA 17965. Joseph Groody, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, January 03, 2014 RONO R ANDERSON, SHERIFF t,- 1 c sc` l.,c. Tue Dec 24, 2013 10:30AM PAGE: 2 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F I D A V I T O F R E T U R N * * I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to GAYLE TAYLOR (PERSONAL) ON 130 PIKE ST APT.2 12/19/2013 PORT CARBON PA at 17:17 SWORN and subscribed before me thi, 9 SO ANSWERS day of t w% CeNpP‘`t 441111NA (Deputy Sheriff) fl = oe! 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V c , mat" some p a\4 r t ar I. met S� t1e pis ��o�- 1 d0vll 0" V� cAvnyTtnr��. 1��fi my hUSbaVtd 6kM at t of My �e1 o�n j� �n s �i� ) i,nnoA, Vl My vv� I nq rim . t d vlofi ycev l-V Avjo-t v\10L . t t ed to fi tc eL 9 g o o cl vorce, oovrr�esy rn� r�noJrn�r, �t,tt V -e r-Cf k-e CA AO sign , -nn av s not Q a t 1y -�u��n y , i A N I d tike �o v-er� ' k� �6 .9f o` e,01 lama Vnm lOuO irnckMed on "ll r�esht�� 1f some �e could pieaSL c cnta(t �m6 b ovv � o qfo veto\ fro nn vitce v d av P rec.t a-C V 1 can m aye c MO 1 p ay vyne nA S u�,M� t t am M O Q ®vA rn q do cyli kdre rn OVA T41 C-. Qa �fiL 'rneo�6 t� n S V\0� \Aivlq ) t t ao \t. k would 1ti1� �o exp�ess �n� e GIVYW A avMo iesAV WV6 fie- p a\,n Aid 4��Af Feyi oq i got ovvi avid W-(> kllo WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff I.D. No. 209032 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File# 20098440 :17 rri } v,�" -,- ' Progressive Northern } Cumberland County Insurance Company } Court of Common Pleas _ --0 Plaintiff } > - rv ' vs. } Civil Division } GAYLE TAYLOR. } No. 13 5051 Defendant } PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 1. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. As way of further response, after reasonable investigation Plaintiff is without sufficient information to form a belief as to the truth or falsity of Defendant's averments. Strict proof is therefore required at time of trial. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against Defendant. WELTMAN, WEINBERG & REIS CO., L.P.A. By Benjamin W. Lawrence, Esquire Attorney for Plaintiff VERIFICATION I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Reply to New Matter are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Benja in W. Lawrence, Esq. Date 1 f�f